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18-008 1 ORDINANCE NO. 18-008 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,DELETING THE CURRENT CHAPTER 9, "FIRE 5 PROTECTION AND PREVENTION" IN ITS ENTIRETY 6 AND CREATING A NEW CHAPTER 9, "FIRE 7 PROTECTION AND PREVENTION"; PROVIDING FOR 8 REPEAL OF LAWS IN CONFLICT, SEVERABILITY, 9 CODIFICATION AND AN EFFECTIVE DATE. 10 11 WHEREAS,the Florida Fire Prevention Code is revised every three (3) years; and 12 WHEREAS, pursuant to Florida Statutes, local government is required to ensure that 13 they are consistent with the latest edition of the Florida Fire Prevention Code. 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 15 CITY OF BOYNTON BEACH, FLORIDA THAT: 16 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 17 as being true and correct, and are hereby incorporated herein and made a part hereof. 18 Section 2. Chapter 9 entitled "Fire Protection and Prevention" of the Code of 19 Ordinances is hereby deleted in its entirety. 20 Section 3. A new Chapter 9 entitled "Fire Protection and Prevention" of the Code 21 of Ordinances is hereby created to read as follows: 22 ARTICLE I. GENERAL. 23 24 See. 9-1. Boynton Beach Fire Code; Fire Codes Adopted 25 26 The Florida Fire Prevention Code, the NFPA 1 Fire Prevention Code, 2015 edition, the NFPA 27 101 Life Safety Code, 2015. edition, and any subsequent additions adopted by state statute, are 28 adopted as the fire prevention code of the city. These standards and codes are hereby adopted 29 and incorporated as fully as if set out at length in this section. Not less than one copy of the 30 adopted issue of the NFPA Fire Prevention Code, 2015. edition, the NFPA 101 Life Safety 31 Code, 2015 edition, and any subsequent additions adopted by state statute shall be filed in the 32 office of the city clerk and the provisions thereof shall be controlling within the limits of the 33 city and within any municipality which has entered into an interlocal agreement or contract 34 for services from Boynton Beach Fire Rescue unless otherwise provided for. C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\S ATNOE VN\F ire_Protection_and_Prevention_Chapter._9_-_Ordinance.doc 13 1 2 3 4 5 Sec. 9-2. Enforcement Authority 6 7 1. All regulations issued by the State Fire Marshal under authority of F.S. Ch. 633, shall 8 be enforceable by the Fire Chief and the Fire Marshal, or designee. The Fire Marshal 9 is hereby authorized to perform within the city any duties that may be imposed upon 10 by such law, or in accordance therewith, and to have such assistance, as needed, from 11 other officials of the city in the discharge of such duties. 12 13 2. Periodic fire safety inspections. 14 15 A. The Florida Fire Prevention Code and the Florida Statue provides that each 16 municipality, county, and special district with fire safety responsibilities is 17 required to enforce the Florida Fire Prevention Code. Such enforcement 18 requires inspections of each new structure or buildings whose occupancy type 19 as defined by the state statute and the Florida fire prevention Code. Fire safety 20 annual inspections shall be conducted on each existing structure or building as 21 defined by the State Statue 633 and the Florida fire prevention Code as adopted 22 by the state Fire Marshal. 23 24 B. No such building shall be occupied without the required fire safety inspection. 25 The frequency of the inspections shall be annually or as otherwise determined 26 by the Fire Marshal. A building occupied in violation of this section is subject 27 to a fine of five hundred dollars ($500.00)per day. Each day constitutes a 28 separate and continuing offense. The city may enforce this provision of the 29 Code by action before the Code Enforcement Board, by notice to appear for 30 violation of a municipal ordinance, or by action for injunctive relief. The fines 31 provided herein are in addition to the penalties authorized by F.S. § 205.053. 32, 33 C. The inspection or permitting of any building or plan under the requirements of 34 this code shall not be construed as a.warranty of the physical condition of such 35 building or the adequacy of such plan. The city or its employees shall not be 36 liable in tort for damages for any defect or hazardous or illegal condition or 37 inadequacy in such building or plan, or for any failure of any component of 38 such building, which may occur subsequent to such inspection or.permitting, 39 pursuant to this code. 40 . . 41 D. Records of all system inspections, tests and maintenance required by the 42 referenced standards shall be maintained on the premises for a minimum of 43 three (3) years and shall be provided to the fire district through a third-party 44 inspection reporting system,. 45 C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IES\SATNOEVN\Fire_Protection_and_Preventi on_Chapter_9_-_Ordinance.doc 13 1 2 Sec. 9-3. Examination of wilding Permits 3 4 1. No building permit shall be issued by the Building Department for new construction, 5 demolition, moving of existing buildings or renovation of existing structures normally 6 requiring a building permit until a complete set of plans and/or specifications have 7 been examined and approved by the Fire and Life Safety Division. 8 9 2. No building that requires a Certificate of Occupancy (CO) from the Building Official 10 shall be occupied for any purpose until a Fire Department Fire Final Has been 11 approved. 12 13 3. Nothing in this section shall apply to single-family or duplex residential units. 14 Exception: Fire sprinkler systems, generators, or gas installations. 15 16 4. When work for which a permit is required by this chapter is started prior to issuance 17 of a permit, the fees herein specified shall be four times the original fee. 18 19 5. The payment of such fees shall not relieve any person from fully complying with the 20 requirements of this chapter in the execution of the work, nor from any other 21 penaltiesprescribed herein. 22 23 24 Sec. 9-4. Penalty for Violations 25 26 1. Failure to comply with any provisions of this chapter shall be deemed a violation. 27 28 2. Any person or entity violating any provision of this chapter shall be punishable as 29 provided in the Florida Fire Prevention Code, section 1-16 of NFPA 1 and as provided 30 in the City Of Boynton Beach Code of Ordinances. 31 32 3. The application of a penalty for violation of this chapter shall not be held to prevent 33 the enforced removal of prohibited conditions. 34 35 36 ARTICLE II. FIRE ALARMS AND AUTOMATIC FIRE 37 EXTINGUISHING SYSTEMS 38 39 Sec. 9-5. Automatic Fire Protection Systems 40 41 Existing building or structure, for purposes of this section, means a building or structure for 42 which an application for building permits is sought after the date of the adoption of this 43 chapter. C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content:IE5\SATNOEVN\Fire Protection_andPrevention_Chapter_9_-_Ordinance.doc 13 • 1 2 1. All automatic fire protection systems (i.e. sprinkler, standpipe, fire pump systems and 3 other suppression systems) shall be maintained under a written service contract with 4 service companies licensed by the State of Florida to provide such services and which 5 possess a current business tax receipt for the city,providing for regular maintenance 6 and testing of the systems in accordance with all applicable codes and standards. 7 8 9 A. The service company performing the maintenance and tests shall forward a 10 written report to the Fire and Life Safety Division indicating the nature of any 11 repairs, modifications and/or corrections completed by the service company, 12 the date and time of such tests and inspections, and any other information 13 which may be required by the Fire Rescue Department. In addition, a copy of 14 . the service report must be maintained on the premises, and it shall be subject to 15 inspection at any time. 16 17 B. All fire alarm signal systems, automatic extinguishing and/or detection systems 18 shall be provided with an approved annunciator panel designed to indicate the 19 floor number and the section of the building reporting a fire alarm or fire 20 condition. Each alarm-initiating device shall indicate an individual location on 21 such annunciator. The alarm initiating device shall indicate its individual 22 location to the monitoring central station..The annunciator shall respond to 23 either,manual or automatic devices, and all devices within the system shall be 24 connected to the annunciator. The location of the annunciator panel shall be 25 designated by the Fire and. Life Safety Division, and it shall be so located as to 26 be immediately available to the Fire Rescue Services Department at all times. 27 In a complex with multiple buildings, each building shall have its own 28 transmitter for alarm signal disposition to the central station. 29 30. C. All new buildings and structures more than three (3) stories or thirty-six (36) 31 feet in height or all buildings more than two (2) stories in height and more than 32 30,000 square feet per floor level, shall be equipped with approved Class.1 33 standpipes to provide reasonable safety to persons and property. 34 35 D. Approved automatic fire sprinkler systems as hereinafter defined shall be 36 installed throughout the following buildingsand structures: 37 38 Buildings of an institutional or educational character, hospitals,nursing 39 homes, homes for the aged, convalescent centers, rehabilitation 40 facilities, day care centers for more than twelve (12) clients under one 41 (1) year of age, adult congregate living facilities, and all occupancies 42 and uses of similar nature to those herein stated, without regard to the 43 type of construction or height of the building involved. 44 C:\Users\StanzioneT"AppData\Local\Microsoft\Windows\Temnporary Internet Files\COntent.IES\SATNOEVN\Fire Protection and Prevention_Chapter_9_-_Ordinance.doc — - — 13 1 2. An approved audible and visual waterflow alarm (horn/strobe) shall be provided on 2 the exterior of the building in an approved location, facing the street front of the 3 building. 4 3. A weatherproof horn/strobe or speaker/strobe shall be installed directly above the key 5 box at a height easily seen upon approach to the area.. 6 '7 8 Sec. 9-6. - Fire Alarm System Certification Requirements . 9 10 1. The applicant for a required fire alarm installation permit shall submit to fire rescue 11 services department plan review, along with the permit application, documentation 12 listing the NRTL central station for the alarm system, and provide documentation of 13 the Nationally Recognized Testing Laboratory (NRTL) certification at time of 14 acceptance testing of the fire alarm system or added components. 15 16 2. The applicant must demonstrate that the fire alarm monitoring will be performed by 17 a NRTL certificated central station. 18 19 3. All required NRTL certificated fire alarm systems must maintain NRTL compliance 20 and NRTL monitoring. 21 22 See. 9-7. - False Alarm Signal Service Charge; Collection. 23 24 1. For response to excessive false alarm signals by the Fire Rescue Department, the 25 alarm user shall be charged a service fee by the city as established by resolution of the 26 City Commission and on file in the City Clerk's office for the first false alarm signal 27 in excess of three false alarm signals in any 12-month period, a service fee as 28 established by resolution of the city commission for the second false alarm signal in 29 excess of three in any in any 12-month period, and a service fee as established by 30 resolution of the City Commission for the third and each successive false alarm signal 31 in excess of three in any 12-month period. The provisions of this section shall not 32 apply for a period of three months from the date a permit is issued by the city for the 33 installation of an automatic fire detection system.. The Fire Marshal shall determine 34 whether a false alarm signal has been transmitted and the frequency of such false 35 alarm signals, and the city shall notify alarm users of amounted owed to the city and 36 shall make demand thereof pursuant to the provisions of this.section. 37 38 2. False alarms could also be defined as excessive public assist calls wherein no 39 medical services are provided. 40 41 C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Fire_Pro_tection_and_Prevention_Chapter_9_-_Ordinance.doc 13 1 Sec. 9-8. -Alarm Registration. . 2 All required fire alarm systems must comply with the requirements of chapter 2.5, Code of 3 Ordinances: 4 5 Sec. 9-9. Fire Protection Water Supply Requirements. 6 7 1. In accordance with NFPA 24 (2013) Section 5.1.1, design of water based suppression 8 systems that are not supplied by fire pumps, shall be based on drought conditions (45 •9 psi static per the Utilities Department). 10 11 2. New construction projects must provide the results of a hydrant flow test performed by 12 the Fire Rescue Department, indicating a fire flow not less than 1500 gpm @ 20 psi 13 above domestic use. This applies to new or existing hydrants within the required 200 14 feet of the facility. 15 16 3. The required fire flow for hydrants protecting high-rise buildings shall be 3000 gpm 17 @ 20 psi above domestic use. 18 19 4. Hydrants not in service (no water available) shall be covered with a black plastic bag 20 so as not to be mistaken for active hydrants available for fire suppression. 21 22 5'. 'Water meters are prohibited on fire sprinkler supply lines. 23 24 . 25 Sec. 9-10. Fire :Hydrants and Fire Department Connections 26 27 1. Reflective blue markers shall be placed to indicate the location of a hydrant. 28 29. 2. Reflective red markers shall be placed to indicate the location of fire department 30 connections to a sprinkler or standpipe system. 31 32 3. Fire hydrants shall be painted red in accordance with specifications approved by the 33 Fire Chief. 34 35 4. A fire hydrant shall be located within one hundred (100)feet of the fire department 36 connection, along access roadways with all-weather driving surfaces, distance 37 measured as the fire truck travels. 38 39 ARTICLE III. FIRE CODES . . 40 41 Sec. 9-11. Open Fires 42 43 1.. Defined. Open Fires.are defined as any outdoor fire or open combustion of material 44 except barbecuing. Charcoal and propane fires,which are contained within a C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Corltent.IES\SATNOEVN\Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 1 manufactured hibachi, grill, smoker or gas grill for food preparation, do not constitute 2 open burning. 3 4 2. Prohibited generally. It shall be unlawful to have any open fires within the city limits 5 on public or private property, except for fire training purposes or recreational or 6 ceremonial occasions for which written permits from the Fire Rescue Department are 7 required. 8 9 10 See,:9-12. Roadway Security Gates and Emergency Access 11 12 1. All security gates across roadways used by emergency response vehicles must be 13 provided with an authorized key box or key switch to operate the gate in addition to 14 any other devices specified by the Fire Chief Information on where authorized key 15 security boxes can be obtained is available from the Fire and Life Safety Division. 16 17 2. In case of power failure, any electronic gate shall open automatically and remain open 18 until power is restored. 19 20 3. In the event that emergency personnel are unable to gain rapid entry with the methods 21 above, forcible entry methods to gain entry may be used. The city and/or the Fire 22 Rescue Department shall not be responsible for, nor incur any costs as a result of 23 gaining access to a specific area. 24 25 4. Trees with branches over areas accessible to fire apparatus must maintain sixteen (16) 26 feet of vertical clearance. Vegetation shall not intrude into the roadway such that 27 would limit the free passage of emergency vehicles. 28 29 30 Sec. 9-13. KeyBoxes/Entry, Systems 31 32 In all new and existing buildings, except individual residential dwelling units of any kind, 33 there shall be installed a key box for such areas or buildings when the Fire Marshal 34 determines that access to or within a structure or an area is unduly difficult because of secured 35 doors and windows, security gates, or where immediate access is necessary for all life-saving 36 or firefighting purposes. The key box shall be a type approved by the Fire Marshal, and shall 37 contain: 38 39 1. Keys to locked points of egress, whether in common areas or on the interior or exterior 40 of such buildings; 41 42 2. Keys to locked mechanical equipment rooms; 43 44 3. Keys to fire alarm control panels; 45 46 4. Keys to suppression system components; C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IES\SATNOEVN\Fire_Protection and_Prevention—Chapter_9_-_Ordinance.doc 13 • •2 5. Keys to locked electrical rooms; 3 • 4 6: Keys to elevator controls; and 5 6 7. Keys to other areas where fire rescue personnel may need emergency access as 7 directed by the Fire Marshal. The Fire Marshal shall approve the location of the lock 8 box. 9 • 10 11 Sec. 9-14. Control of Automatic Elevators; Emergency Use 12 13 1. Emergency auxiliary power required. 14 15 A. Emergency auxiliary electrical power shall be provided for all elevators 16 equipped with the key switch service for fire rescue services department 17 personnel. The auxiliary power supply shall be capable of supplying power to 18 the elevators for a period of at least 24 hours. The auxiliary power supply 19 shall be approved by the fire rescue services department. 20 21 B. Emergency auxiliary power shall remain on for the car in use by firefighters 22 regardless of selection switch devices, which may also be installed to rotate 23 emergency power to other cars in the building. 24 25 C. No more than 10 seconds shall be required for the auxiliary power to be in 26 full operation and the operation of the emergency power supply shall 27 automatically transfer to the firefighters' service car. 28 29 D. A maintenance schedule shall be maintained in the generator equipment room, 30 to record all tests and operation.of such auxiliary power equipment. The 31 records shall be posted and available to'the fire rescue services department at 32 . all times. 33 34 E. All auxiliary power equipment and automatic transfer apparatus shall be 35 tested weekly. , 36 37 F. For all buildings, which are designed and constructed having separate_towels, 38 each tower shall be treated as though .it were a.separate building. 39 40 41 2. In all buildings equipped with automatic elevators, at least one (1) designated elevator 42 servicing all floors of the structure shall be arranged for emergency use (fCrefighter's 43 service) by Fire Department personnel: The control of automatic elevators shall meet 44 the requirements as set forth under the state elevator code and ASME/ANSI, A17.1. 45 46 3. Emergency use elevator to be identified C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IES\SATNOEVN\Fire Protection and Prevention Chapter_9_-_Ordinance.doc — — — 13 — 4. A standard emergency access door key shall be provided for all elevators in the city 3 4 Sec. 9-15. Fireworks 5 6 1. The term Fireworks shall mean and include any combustible or explosive 7 composition, or any substance or combination of substances, or article prepared for the 8 purpose of producing a visible or an audible effect by combustion, explosion, 9 deflagration or detonation,as defined by F.S. Ch. 791. 1.0 11 2. The Fire Marshal may adopt reasonable rules and regulations for the granting of 12 permits for supervised displays of fireworks by the city, fair associations, civic groups, 13 and other organizations or groups of individuals. Prior to any outdoor use of fireworks, 14 pyrotechnic special effects, flame effects, or any other item listed in subsection(a) or 15 (b) of this section, a permit shall be obtained from the City Manager, or designee, after 16 submission of an application for such permit and payment of an application fee. Such 17 outdoor use shall be in accordance with NFPA Code 1123 and NFPA Code 1124. The 18 City Manager, or designee, may include such conditions in such permit as deemed 19 necessary to ensure compliance with all applicable requirements and protect the public 20 health, welfare and safety; including but not limited to payment of inspection fees. No 21 permit granted hereunder shall be transferable. 22 23 3. . Before the issuance of a permit for a display of fireworks,the applicant shall furnish 24 proof of financial responsibility, in the form of liability insurance with a minimum of 25 $1,000,000.00 coverage for each occurrence to satisfy claims for damages to property 26 or personal injuries arising out of any act or omission on the part,of the applicant or 27 any agent or employee thereof, in such amount, character and form as the Fire Marshal 28 determines.to be necessary for the protection of the public. 29 30 4.. No permit shall be issued under the provisions of this.section to an applicant not 31 having an established place of business within the state for conduct of a display of 32 fireworks until the applicant has fulfilled the legal requirements for service of process 33 upon the person or entity seeking a permit. In the case of a corporation, proof of 34 registration with the Secretary of State, as a nonresident corporation shall be required. 35 36 5. During times of water shortages or water shortage emergencies, as determined by the 37 South Florida Water Management District and/or the city and defined in Chapter 40E- 38 21, Florida Administrative Code, as it may be amended from time to time; the 39 possession, use.or sale of consumer fireworks, including sparklers as defined in F.S. § 40 791.01(8), is prohibited within the city limits without a permit as discussed above. 41 42 9-16. Fees for Fire Code Inspections and Other Fire Code Inspection-Related. Services 43 Fees shall be charged to the user/consumer for new construction permits, inspections and 44 yearly fire prevention code inspections and re-inspections performed on structures or C:\Users\StanziorierAppData\Local\Microsoft\Windows\Temporary Internet Files\Cani:ent.IE5\SATNOE\ZN\Fire_Protection_and_Prevention_Chapter_9=_Ordinance.doc 13 'ti I buildings by the Fire Rescue Department as set forth in a resolution adopted by the city 2 commission. Fees for other fire code inspection-related services, including, but not limited 3 to, fire pump tests; hydrant tests, and preliminary plans review, shall be charged to the 4 user/consumer as set forth in a resolution adopted by the city commission. 5 6 Sec.9-17. Requirements for High-Rise Buildings 8 1. The following life safety features shall be provided and maintained in working order 9 by the property owner in accordance with approved plans and specifications and shall 10 be tested,certified and proved to be in proper working condition at the owners cost to 11 the satisfaction of the Fire Marshal before issuance of the Certificate of Compliance. 12 13 a. Equipment storage rooms. Equipment rooms or areas as described in the Fire 14 Department Design Guide, for purpose of storing equipment for Fire 15 Department use shall be provided. 16 17 18 Sec. 948.—Public Safety Radio Communication. System 19 20 In all new buildings, minimum radio signal strength for public radio signals shall be 21 required within the building. In buildings that cause reduction of public safety radio signals 22 below the acceptable level for reliable communications, a bi-directional amplifier (BDA) 23 shall be required. In buildings where phone jacks are required as part of an alarm system, a 24 BDA shall be installed and maintained by the building owner, in lieu of the phone jacks. 25 Installation and signal strength shall be the minimum requirements per NFPA 1, Annex 0 26 (In-Building Public Safety Radio Enhancement Systems) or NFPA 72 edition, or as 27 specified by.the ARE. 28 29 30 ARTICLE IV. FIRE AND LIFE SAFETY DIVISION 31 32 Sec. 949 Inspection complaint; Order to Remedy Danger; Evacuation of Occupied 33 Buildings or Structures 34 35 1. The Chief of the Fire Rescue Services Department, the Fire Marshal, or Fire 36 Inspector of the Fire and Life Safety Division may order the immediate cessation of 37 any activity, operation or process, when such operation, activity, or process is 38 deemed to constitute a severe and immediate hazard to persons or property. 39 40 2.. It is unlawful for any person who, after being served with either a verbal or written 41 order to cease such severe and immediate hazardous activity, operation or process, to 42 fail or refuse to comply with such an order: 43 44 3. The Fire Marshal, or designee may order the immediate evacuation of any occupied 45 building or structure or assembly area when such building, structure or assembly C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporay Internet Files\Content.IE5\SATNOEVN\Fire_Protection_and_Prevention—Chapter__9_-_Ordinance.doc 13 1 area is deemed hazardous due to fire hazard, obstruction to exits, overcrowding of 2 the premises, or any other hazard or potential which presents immediate danger to 3 the occupants. The premises or any portion thereof may not be reoccupied until it 4 has been examined and deemed free of the hazard or potential which caused the 5 evacuation to be ordered. Persons refusing to obey either a verbal or written order of 6 the Fire Marshal or designee shall be subject to immediate arrest. 7 8 • . 9 Sec. ,9.20. - Authority to. Require Employment of Standby Emergency Services 10 Personnel for Events Held Within the City 11 12 1. The Fire Marshal or designee is hereby authorized to require the employment of one 13 or more standby.city emergency services personnel, by any owner, lessee, agent or 14 promoter, when in the Fire Marshal's opinion it is essential that such personnel be on 15 duty in anyplace of public assembly or any other place where people congregate. 16 The determination that standby emergency services personnel are required shall be 17 based upon the number of persons in attendance and the nature of the performance, 18 exhibition, display, contest, event or activity. While so employed, such personnel 19 shall be subject to the fire chiefs orders at all times and shall be in uniform and 20 remain on.duty during the times such places or events are open to the public, or 21 when the activity is being conducted. Paramedics or EMTs shall not be.required or 22 permitted, while on duty, to perform any other duties than those specified in this 23 article. . 24 . . 25 2. Standby emergency services shall be provided exclusively through the City Fire 26 Rescue Department. The Fire Rescue Department is authorized to charge for services 27 rendered under this section, based upon the fire rescue department's cost to provide 28 the required level of emergency services including, any administrative expenses. The 29 Fire Chief may reduce or waive fees if deemed appropriate. 30 31 • 32 Sec. 9-21:. Definitions; Authority and Responsibility; Cost Recovery for Special 33 Operations and Clean-up of Hazardous Materials. , 34 35 1. For the.purpose,of this•section, the following words and phrases shall have the 36 meanings given herein: 37 38 A. Costs. Those necessary.and reasonable costs incurred by the city in connection 39, with investigating, mitigating, minimizing, removing or,abating discharges of 40 , hazardous substances, or in connection withcostsincurred by any activity of 41 , ,the special or tactical operations unit.including but not limited to actual labor 42 costs of city personnel or its authorized agents; costs of equipment operation 43 and rental; costs of expendable items, including but not limited to firefighting 44 . .foam, chemical.extinguishing agents, absorbent material, sand, recovery. 45 drums, acid suits, acid gloves, goggles and_protective clothing. .. 46 C:\Users\StanzioneT\AppData\Loca1\Microsoft\Windows\Temporary Internet Files\Content.IES\SATN0EVN\Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.doc 13 1 B. Discharge. Any intentional or unintentional action or omission resulting in the 2 releasing, spilling,pumping, pouring, emitting, emptying or dumping of a 3 hazardous substance upon public or private property located within the 4 corporate limits of the city. 5 6 C. Hazardous substances. Any substances or materials in a quantity or form 7 which in the determination of the Fire Department pose an unreasonable and 8 imminent risk to the life, health, safety or welfare of persons or property within 9 the city and shall include but not be limited to those substances listed in the 10 NFPA Guide on Hazardous Materials or the EPA's list of extremely hazardous 11 substances, or the Florida Substance List promulgated by the state department 12 of labor and employment security. 13 14 2. The Fire Rescue Department is hereby authorized to take such steps as necessary to 15 clean lap, remove or abate the effects of any hazardous substances discharged upon or 16 into public or private property or facilities located within the corporate limits of the 17 city, and is authorized to use its special or tactical operations unit to effectively deal 18 with specific emergencies, including, but not limited to, high-angle, confined space, 19 and other forms of vertical rescue. 20 21 3. Any person responsible for causing or allowing an unauthorized discharge of 22 hazardous substances which requires action by the Fire Rescue Department or its 23 authorized agents in order to protect the public health, safety or welfare shall 24 reimburse the city for the full amount of all costs associated with the investigating, 25 mitigating, minimizing, removing and abating any such discharge, or otherwise 26 providingrelief to a life-threatening situation involving special and tactical 27 operations. Reimbursement shall be made within thirty (30) days after receipt of an 28 itemized bill for such costs from the city. 29 30 4. When responding to the emergency caused by the.unauthorized discharge of 31. hazardous substances, or to an emergency requiring the use of the special or tactical 32 operations unit, the Fire Rescue Department shall keep a detailed record of the cost 33 attributable thereto. 34 35 5. The authority to recover costs under this section shall not include costs incurred for 36 actual fire suppression services, which are normally or usually provided by the Fire 37 Department or its authorized agents. 38 39 6. Any person responsible for causing or allowing an unauthorized discharge of 40 hazardous substances, or responsible for an emergency requiring the use of the special 41 operations and tactical unit, and who fails to reimburse the city within the time set 42 forth herein shall be subject to a late fee in the amount of 10% of the total amount of 43 the bill for each additional day that the bill for such costs remains unpaid. 44 45 7. The remedy provided for in this section shall be supplemental to and in addition to all 46 other'available remedies by law and equity. C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Fire_Protection_and_Prevention Chapter_9_-_Ordinance.doe 13 1 2 Sees. 9-22-9-120. Reserved. 3 4 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 5 in conflict herewith be and the same are hereby repealed to the extent of such conflict. 6 Section 5.. If any clause, section, or other part or application of this Ordinance shall 7 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 8 unconstitutional or invalid part or application shall be considered as eliminated and so not 9 affecting the validity of the remaining portions or applications remaining in full force and effect. 10 Section 6. This Ordinance shall become effective on.paswag€. 7) i d?)2..e l y 11 FIRST READING this 1st day of May, 2018. 12 13 SECOND, FINAL READING AND PASSAGE this /� day of 4 , 14 2018. // 15 16 CITY OF BOYNTON BEACH, FLORIDA 17 18 : YES NO 19 ...... Mayor- Steven B. Grant � 20 r4 16..1?ik 21 ,�" '` -,Mt...;�.�,;�: '' � Vice Mayor-Christina L. Romelus 2, `i' 111AVi. 1k krs �� • # Commissioner-Mack McCray '� Commissioner-Justin Katz '26 n•; m4=.''.tle 27 P. ` Commissioner-Joe Casello 28 29 30 VOTE S-U 31 ATTES : 32 1 i 33 1 6 s { 34 Judith/A� Pyle, CMC / 35 City Clerk 36 37 (Corporate Seal) C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOE VN\Fire_Protection_and_Prevention_Chapter_9_-_Ordinance.do c 13